1. Taking and Use of Photograph and Use of Name. I, _________________ hereby grant to ElfinForest.com and its employees, officers, directors, agents, parent, subsidiaries, affiliated and related companies, representatives, successors, and assignees (hereinafter “ElfinForest.com”) the absolute and irrevocable right and unrestricted permission to use my name and to take photographs of me and to use, reuse, display, distribute, transmit, publish, republish, copy, add to, subtract from, or otherwise modify or exploit, either in whole or in part, digitally, in print, or in any other storage or recording medium or through the use of any publication, distribution, transmission, or broadcast means or process now known or hereafter developed, for any purpose whatsoever and without restriction, said photographs taken of me; and to register the copyright to said photographs in ElfinForest.com’s name or any name that ElfinForest.com chooses. I understand and agree that ElfinForest.com may or may not use said photographs or my name and has no obligation to exercise any right granted herein as it so chooses.
2. Right of Privacy. I hereby release and discharge ElfinForest.com and its agents, representatives, and assignees from any and all claims and demands arising out of or in connection with the use of said photographs and name, including any and all claims for invasion of privacy or defamation.
3. Right to Publicity. I agree that ElfinForest.com shall have the full and exclusive right to use my name and any or all of said photographs for promotional purposes or for any other commercial activity. ElfinForest.com shall determine in its sole discretion what is commercial activity under this Agreement. All use by ElfinForest.com is permitted without the need to pay me further compensation.
4. Other Rights, Claims, and Warrants. I waive any right to inspect or approve the use of said photographs or my name. I warrant that my entry into this Agreement does not require the approval of and does not violate any rights of any other person, corporation, or entity. I release and agree not to bring any proceeding against ElfinForest.com for any claim or cause of action whether known or unknown for negligence or other reason in connection with the exercise of ElfinForest.com’s rights under this Agreement.
5. Representation of Age and Understanding. I am over the age of eighteen (18), and I have read the Agreement and had the opportunity for legal counsel of my choosing to review the Agreement for or with me. As a result, I understand the foregoing and represent that its contents set out the entire agreement between me and ElfinForest.com and that all other agreements between the parties, oral or written, relating to the subject matter of this Agreement are hereby superseded. This Agreement shall be binding upon me, my heirs, legal representatives, and assigns.
6. Controlling Law. This Agreement is being made and entered into under the laws of the State of California and shall be governed and interpreted in accordance with the laws of said state. I agree that the courts of said state have exclusive jurisdiction over the Agreement and I waive any objection to such venue.
7. Modifications. No modification of this Agreement shall be of any effect unless it is made in writing and signed by me and ElfinForest.com.
© 2001 by ElfinForest.com